JULY 31, 2005 AMENDMENT TO AMENDED AND RESTATED FINANCING AGREEMENTFinancing Agreement • November 14th, 2005 • United Fuel & Energy Corp • Retail-nonstore retailers • Texas
THIS JULY 31, 2005 AMENDMENT TO AMENDED AND RESTATED FINANCING AGREEMENT (“this Agreement”) entered into on this _____ day of November, 2005, to be effective, unless another effective date is otherwise herein specified, as of July 31, 2005 (“Effective Date”), is by and among The CIT Group Business Credit, Inc. (“CIT”) and SunTrust Bank (“SunTrust”) as Lenders (“Lenders”), CIT as administrative and collateral agent (“Agent”) and Eddins-Walcher Company (“Eddins”) and Three D Oil Co. of Kilgore, Inc. (“Three D”) (Eddins and Three D being herein individually referred to as a “Company” and collectively referred to as the “Companies”).
SECOND AMENDED AND RESTATED LIMITED GUARANTYLimited Guaranty • November 14th, 2005 • United Fuel & Energy Corp • Retail-nonstore retailers • Texas
THIS SECOND AMENDED AND RESTATED LIMITED GUARANTY is made as of the ___ day of November, 2005, by and among EDDINS-WALCHER COMPANY, a Texas corporation (“Eddins”) and THREE D OIL CO. OF KILGORE, INC., a Texas corporation (“Three D;” together with Eddins, individually a “Company” and collectively, the “Companies”), THE CIT GROUP/BUSINESS CREDIT, INC. (“CIT”) as administrative and collateral agent (“Agent”) for the Lenders (as hereinafter defined) party to the Financing Agreement (as hereinafter defined), and THOMAS E. KELLY, an individual residing at 4401 Cardina Lane, Midland, Texas 79707 (“Guarantor”).
